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S.D.N.Y.Procedural orderFiled Sept. 23, 2022

Silverman v. Copper Tones, LLC

Judge
Rochon
Docket
1:21-cv-05196
Court
U.S. District Court · Southern District of New York
Pages
22
Civil ProcedurePro Se
In one sentence

Silverman v. Copper Tones, LLC: Judge Rochon reassigned the case, kept existing deadlines, adjourned district-judge appearances, and ordered a status letter.

Who this affects

The order affects Kenneth R. Silverman, the pro se plaintiff, Copper Tones, LLC, Ismaila A. Abubakari, and the parties' counsel by maintaining existing deadlines, postponing district-judge appearances, and requiring a joint status letter.

What happened

In Silverman v. Copper Tones, LLC, the case was reassigned to District Judge Jennifer L. Rochon. The opinion identifies Kenneth R. Silverman, Esq., as the plaintiff and Copper Tones, LLC and Ismaila A. Abubakari as the defendants.

Judge Rochon said that existing orders, dates, and deadlines would remain in effect. Conferences or arguments before, or directed by, a magistrate judge would proceed as scheduled, but previously scheduled appearances or conferences before the district judge were postponed until further notice.

Judge Rochon ordered the parties to confer and prepare a joint case-status letter within three weeks. The defendants must file and serve the letter on the pro se plaintiff. The order is administrative and does not decide the claims or defenses.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Silverman v. Copper Tones, LLC · No. 1:21-cv-05196
Judge
Rochon
Date
Sept. 23, 2022

Nature of the Order

This is a notice of reassignment and case-management order. The opinion does not describe or decide the underlying claims, defenses, or merits.

Reassignment and Existing Schedule

The case was reassigned to Judge Jennifer L. Rochon. The court directed counsel and the pro se plaintiff to become familiar with Judge Rochon's individual rules. Unless the court orders otherwise, all prior orders, dates, and deadlines remain effective despite the reassignment.

Any conference or oral argument before, or directed by, a magistrate judge will proceed as previously ordered. Previously scheduled appearances or conferences before the district judge were adjourned until the court provides further notice.

Required Joint Status Letter

The parties must confer and prepare a joint letter updating the court on the case's status within three weeks after the order was filed. The defendants must file the letter electronically and serve it on the pro se plaintiff. The letter may not exceed four pages.

To the extent relevant, the letter must separately address:

- The names and current contact information of counsel and the pro se plaintiff; - The nature of the case and principal defenses; - Why federal jurisdiction and venue are proper, including required citizenship information for diversity cases and business entities; - Existing deadlines and cutoff dates; - Previously scheduled conferences that have not occurred and the matters to be discussed; - Outstanding motions and the relief they seek; - Pending appeals; - Discovery completed and discovery still needed for meaningful settlement discussions; - The status of prior settlement discussions, without exact offers or demands; - Whether the parties have considered mediation, a settlement conference before a magistrate judge, or a private mediator; - The estimated trial length; and - Other information that could help move the case toward settlement or trial.

If the case has already been settled or otherwise terminated, the parties do not need to submit the letter or appear if they file appropriate proof of termination before the letter is due.

Additional Direction

The Clerk of Court was directed to mail the order and Judge Rochon's individual rules for civil cases and civil cases involving pro se parties to the pro se plaintiff. The opinion does not state the outcome of any claim, motion, or defense.

The authoritative version

Read the full 22-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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